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EARHART v. BOARD SUPERVISORS (10/25/72)

decided: October 25, 1972.

EARHART
v.
BOARD OF SUPERVISORS



Appeal from the Order of the Court of Common Pleas of Lancaster County in case of Rufus Earhart v. Board of Supervisors of West Cocalico Township, No. 16 April Term, 1969.

COUNSEL

Michael J. Perezous, with him Xakellis, Perezous and Mongiovi, for appellant.

Lawrence E. Stengel, with him Rengier, Musser & Stengel, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Rogers. Judge Blatt did not participate. Opinion by Judge Rogers. Judge Mencer concurs in the result only.

Author: Rogers

[ 6 Pa. Commw. Page 457]

This is an appeal from an order of the Court of Common Pleas of Lancaster County dismissing appellant Rufus Earhart's action in mandamus against the Board of Supervisors of West Cocalico Township. Appellant sought to compel the Board to issue him a license for the operation of a junkyard.

Earhart submitted an application for a junkyard license for a property described as being located on Sandy Hill Road, pursuant to West Cocalico Township's Ordinance Number 3. The Board of Supervisors refused to grant the license for the stated reason that another junkyard operated by Earhart at the village of Stevens in the township was a nuisance, also noting in its letter of refusal that Earhart had moved junked vehicles onto the Sandy Hill premises without the license for which he was making application and that some of the movements had been made on Sunday in violation of a provision of Ordinance Number 3.

That the Stevens junkyard had been the subject of neighborhood complaint and that Earhart was engaged in an unlicensed operation on the Sandy Hill site were established at the hearing below. It was additionally shown that the township had sought and obtained, by consent, a decree in equity ordering Earhart's compliance with the regulations of Ordinance Number 3 in his conduct of the Stevens yard.

The ordinance in question was enacted pursuant to Section 702 of the Second Class Township Code, and is a systematic and unified scheme for the licensing and regulation of persons engaged in the junk business within West Cocalico Township.*fn1 Section 2 of the Ordinance

[ 6 Pa. Commw. Page 458]

    provides: "No persons shall engage in business as a junk dealer in the Township of West Cocalico without first having obtained a license from the Supervisors. The fee for the initial license shall be Two hundred dollars ($200.00) for any junk dealer not already maintaining premises for the storage of junk in West Cocalico Township. The fee for each renewal thereof, and for any junk dealer presently maintaining premises for the storage of junk in West Cocalico Township shall be Twenty five dollars ($25.00). Such fee shall be for the use of the Township. Such license shall be renewed annually on or before the first day of January of each year. Provided: In any case where a junk dealer's business shall be established in the Township on or after the first day of July in any year, the license fee payable by such junk dealer for the remainder of such year shall be at one-half of the yearly rate." Section 3 provides: "The license provided for in the second section of this ordinance shall be issued by the Supervisors after application shall have been made therefor by the person desiring to be licensed. Such license shall state the name of the person to whom such license is issued and the premises from which such business is to be conducted. Such license shall be posted conspicuously upon the premises licensed thereunder. The name of the licensed junk dealer and the number of the license under which he operates shall be placed in a conspicuous place on the outside of every vehicle used for business purposes by such dealer." Other sections of the Ordinance set forth requirements for the keeping of records by the licensed dealers and the maintenance

[ 6 Pa. Commw. Page 459]

    of licensed premises so it will not constitute a nuisance or a menace to health and safety of the community, including detailed regulation of the manner of storage and arrangement ...


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